Question

scenario 5
carter decides to wear a 1 - shirt to school in support of a controversial democratic candidate. the school is located in a very conservative area that is known for their support of traditional republican candidates. administrators are worried about controversy, so they force carter to change his shirt.
9
essay 1 point
were the schools actions constitutional or unconstitutional?
10
essay 1 point
what type of speech is this, and what supreme court case supports your reasoning?

Explanation:

In Tinker v. Des Moines Independent Community School District (1969), the Supreme Court ruled that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” The Court held that school officials can only prohibit speech that would “materially and substantially interfere with the requirements of appropriate discipline in the operation of the school.” Wearing a T - shirt in support of a political candidate (even a controversial one) is a form of symbolic speech. There is no indication in the scenario that Carter's T - shirt would disrupt school operations. So, the school's actions of forcing Carter to change his shirt are unconstitutional.
The type of speech is symbolic speech. The Supreme Court case Tinker v. Des Moines Independent Community School District supports this reasoning as it protects symbolic speech (like wearing armbands in the Tinker case, which is analogous to wearing a political T - shirt) in schools unless it causes a substantial disruption.

Answer:

1. The school's actions are unconstitutional.
2. The type of speech is symbolic speech. The Supreme Court case Tinker v. Des Moines Independent Community School District supports the reasoning.